Former NYC mayor Rudy Giuliani speaks with NBC's Brian Williams about why he was shocked that the FBI declined to recommend criminal prosecution of Hillary Clinton for keeping classified data on an unsecured private server and accessing that data using an off-the-shelf Blackberry phone.

FBI director Comey said that: "Although we did not find clear evidence that Sec. Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless."

Giuliani makes that case that when it comes to laws surrounding handling classified data, intent is irrelevant. "The definition of gross negligence under the law is extreme carelessness," he said. The FBI "clearly found a direct violation of 18 United States code section 793 which does not require intent -- it requires only gross negligence in the handling of anything relating to the national defense."

"It's the first definition that comes up in the law dictionary," he said. "It's the definition the judges give to juries when they charge injuries on gross negligence. Negligence equals carelessness. Gross negligence equals extreme carelessness. So that is a clear absolutely unassailable violation of 18 United States Code, section 793, which is not a minor statute, it carries ten years in prison."